Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
=1.= Every person charged with an offence, and the wife or husband,
as the case may be, of the person so charged, shall be a competent
witness for the defence at every stage of the proceedings, whether
the person so charged is charged solely or jointly with any other
person. Provided as follows:--
(_a_) a person so charged shall not be called as a witness in
pursuance of this Act except upon his own application.
(_b_) The failure of any person charged with an offence, or of
the wife or husband, as the case may be, of the person so
charged, to give evidence shall not be made the subject of
any comment by the prosecution.
(_c_) The wife or husband of the person charged shall not, save as
in this Act mentioned, be called as a witness in pursuance of
this Act except upon the application of the person so charged.
(_d_) Nothing in this Act shall make a husband compellable to
disclose any communication made to him by his wife during the
marriage, or a wife compellable to disclose any communication
made to her by her husband during the marriage.
(_e_) A person charged and being a witness in pursuance of
this Act may be asked any question in cross-examination
notwithstanding that it would tend to criminate him as to the
offence charged.
(_f_) A person charged and called as a witness in pursuance of
this Act shall not be asked, and if asked shall not be
required to answer, any question tending to show that he
has committed or been convicted of or been charged with any
offence other than that wherewith he is then charged, or is a
bad character, unless--
(i) the proof that he has committed or been convicted of
such other offence is admissible evidence to show
that he is guilty of the offence wherewith he is then
charged, or
(ii) he has personally or by his advocate asked questions
of the witnesses for the prosecution with a view to
establish his own good character, or has given evidence
of his good character, or the nature or conduct of
the defence is such as to involve imputations on the
character of the prosecutor or the witnesses for the
prosecution, or
(iii) he has given evidence against any other person charged
with the same offence.
(_g_) Every person called as a witness in pursuance of this Act
shall, unless otherwise ordered by the court, give his
evidence from the witness box or other place from which the
other witnesses give their evidence.
Public-domain text, read in full here on John Shaqi.
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